Civil Procedure Code, 1908, Order 39, Rule 1, 2, 2A -- Interim mandatory injunction and police aid - Sought during pendency of appeal - Civil Court is not powerless to grant interim mandatory injunction - However, it does not mean that same could be granted even without an opportunity to the other side, especially when main appeal is pending for the past six years -..........
Specific Relief Act, 1963, Section 10, Civil Procedure Code, 1908, Order 2, Rule 2, Evidence Act, 1872, Section 115 -- Suit for specific performance - Barred by estoppel - Plea that earlier suit for permanent injunction stood dismissed - Since in both the suits parties and relief sought are entirely different - Suit not barred by estoppel and bar U.O.2.R.2 CPC also not..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action for filing suit for permanent injunction against encashment of bank guarantees was distinct than subsequent suit for recovery after alleged wrongful encashment of such bank guarantees - Cause of action in both the suits are different and suit for recovery could be filed only after..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar to subsequent suit - Agreement to Sell - Suit for specific performance - Since agreement to sell was admitted and delivery of possession was also willingly given, therefore the suit for permanent injunction was not available at that point of time especially in view of the fact that the trial court has taken..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227 -- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A -- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High Court observed that..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for declaration and injunction - Defendants not admitted the case of plaintiff in toto - Pleadings disputed by defendants by filing written statement and additional written statement - Ingredients of O.18.R.1 CPC not satisfied - Plaintiffs have to discharge burden of proof of facts alleged in the plaint..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Can be appointed in suit for bare injunction - However, such an appointment must be only in cases where it is necessary for localising the property, when there is a dispute regarding boundaries or there is an attempt made to alter the physical features of the property etc. - In a suit for bare..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Non-impleadment of LRs of deceased plaintiff No.3 - Suit filed for bare injunction on the ground that plaintiffs are joint owners of property - Interest of plaintiff No.3 is therefore, sufficiently taken care by other plaintiffs and he is sufficiently represented by other plaintiffs - There is thus, no..........
